Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-03-19
ALL PARTIES FINED.
TRIAL BY JUSTICE RICHARDSON OF THE
L0rH.eARDNKR CASE.
DR.. Gardner and 10th Fined for Carrying
Concealed Weapons; Tho Brotheri
and 10th for Fighting.

After the other cases on the Police-
Court docket had been disposed OF yes
terday morning the continued one OF
William J. 10th, DR.. Charles K. Gard
ner, and his younger brother, Thomas
b. Gardner, charged with fighting In
the street, was called. There was
large crowd Of persons in attendance
upon the court, all anxious to ascertain
what would be the result OF the trial OF
this case, which had created so much
interest Mr.. Beverley L. Crump ap-
peared as counsel for Mr.. 10th, and
the Gardner brothers were without
counsel. This being violation of the
city ordinance, Mr.. Meredith, City At
torney, who represented DR.. Gardner
when he was before the court on the
charge of producing the death OF Mrs.
10th by administering an overdose OF
morphine, could not appear.
TEE EVIDENCE BEGINS.
The first witness called and examined
was Captain Charles II. Epps, who
swore out the warrant for the arrest of
the parties accused. The Captain knew
nothing individually about the case,
but related the conversation he had
with Mr.. 10th at the station-house the
evening of the occurrence, the full text
of which was published i'll the Dis
patch next morning.
MIR. LoTu's FRIEND.
The next witness called was Mr..
Robert Fields, bill-clerk at the Rich
mond and Danville depot, who was
with Mr.. 10th when he met DR.. Gard
ner and bis brother Wednesday after
noon. MIR. 10th had several days prior
to the difficulty consulted him about
what course to pursue with reference
to the slanderous reports which he
10th had<heard of DR.. Gardner's cir
.culating about his dead wife. 10th, du-
ring the conversation, said he thought
the matter couldbe settled amicably
if he could see Gardner personally.
10th came to see witness "Wednesday
and requested him 10 accompany him
to see DR.. Gardner and witness what
| transpired When walking down
Franklin street they met DIR. Gardner
and his brother at the corner of Madi
son. Mr.. 10th approached DR.. Gard
ner and requested him to sign paper
retracting what he had said about Mrs.
10th Dr. Gardner in reply said that
the street was no place to attend
to such an important matter and
invited him TO his house. Air.
10th insisted upon his signing the
paper then and there. DR.. Gardner
refused, whereupon Mr. 10th attacked
him with a horse-whip. While they
were clinched Mr.. Thomas Gardner
struck Mr.. 10th on the back of the
head with a stick. He (Fields) seized
young Gardner, who cried out, "Let
me loose will kill him." and put his
hand to his pistol-pocket. Subsequent
| ly young Gardner promised that he
would not interfere, and he released
him and stepped forward and separated
Dir. Gardner and Mr.. 10th, and the
difficulty was ended.
TIE DOCTOR ON THE STAND.
Or. Gardner, who received the lick
DthS lIOll llC DQl-tnAl vi liit NnlD
in Loth's hand, took the stand, and
occupied it half hour or more. He
first referred to Mr. Richard Wrenn's
sending a note to him 10y boy Mon
day asking him to come to Mr.. Nc
Gays grocery store to see him, and
then Mr.. Wrenn calling in person pre-
senting the retraction which Mr.. 10th
wished signed, and to which he de-
clined then to afiix his signature, and
then proceeded to give detailed state
ment of the difficulty, the substance of
which was published next morning in
this paper.
GAVE HER A GOOD CHARACTER.
DR.. Gardner said that he had never
knowingly or Intentionally made any
statement derogatory to the character
of Mrs. 10th or that was capable of
such construction that TO his per-
sonal knowledge she wasa perfect lady.
He repeated this several times in his
testimony and cross-examination.
In answer to questions by Mr.. Crump
on cross-examination the Doctor de-
MED having any recollection of having
said to any one in Manchester on Sat
urday last that Mrs. 10th was drunk
during her recent fatal illness, or that
he had ever said or intimatel to any
one that deceased was in love
with him. lie also most emphati-
cally denied having made any state
ment in McCay's store before
going TO Manchester that would in any
way assail the character of the de-
ceased lady, or that if he was put upon
the stand in the Hastings Court he
would tear her character to pieces"
The Doctor admitted being in Man
chester, but said he had no recollection
OF having been struck by gentleman
for insulting q lady.
The younger Gardner only confirmed
what his brother had said.
GARDNER CoNTEADIcTED.
Mr. J. Milistead, who lives about II
square above the grocery-store of j., p.
Robinson, Twelfth and Perry streets,
Manchester, was called TO substantive
the position taken by Mr.. Crump on the
cross-e ss-examination of DR.. Gardner.
Witness said that he was at Robinson's
when Gardner entered about 7 o'clock
Saturday afternoon and walked back to
the bar, where he took drink. Witness
went back to the bar few minutes later,
and heard Gardner say that when he
went in to see Mrs. 10th the evening
of her death she was beastly drunk.
The Doctor also made use there OF
language which he thought assailed
the character OF Mrs. 10th, and said
that she was very intimate at his house,
and often came over aud drank wine
and to tell the truth, Mrs. 10th was ia
love with him.
Mr.. Goode, Mr.. Robinson's clerk,
substantiated Mr.. Mlllstead testimony,
and said that he was informed that DR.
Gardner was struck in front OF the
store hy some one for insulting lady,
but h8did not witness the difficulty
and knew nothing about it.
Mr.. John Fisher testified that he was
in McCay's store Saturday afternoon
and heard DR.. Gardner use slanderons
language about Mrs. 10th, and he went
to see Mr.. 10th Monday morning and
told him about it. He heard DR. Gard
ner say that he had read in theaftenoon
paper that the grand jury Of the Hust-
ipes Court had failed TO indict him,
and that if he had been placed on the